Leroy v Koutavas, in the matter of Koutavas [2017] FCA 381
The proceeding may continue in the absence of a person representing the deceased second respondent, as the deceased had an identifiable interest in the matter, there is no personal representative, relevant parties have the same interest, required service was effected, and applicable procedural and case law support such an order.
- Jurisdiction
- Australia
- Judgment Date
- 12 April 2017
- Procedural Posture
- Interlocutory Application / Order for Continuation in Absence of Representative of Deceased
- Outcome
- Application granted; proceeding to continue in absence of a person representing deceased respondent.
- Legal Topics
- ['deceased Parties in Civil Proceedings' 'representation of Estate' 'practice and Procedure']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Interlocutory Application / Order for Continuation in Absence of Representative of Deceased
Legal Issues
- 1 ["Whether proceedings can continue in the absence of a person representing the deceased respondent's estate"]
Ratio Decidendi
The proceeding may continue in the absence of a person representing the deceased second respondent, as the deceased had an identifiable interest in the matter, there is no personal representative, relevant parties have the same interest, required service was effected, and applicable procedural and case law support such an order.
Court Disposition
Application granted; proceeding to continue in absence of a person representing deceased respondent.
Orders
- ['Proceeding continue in the absence of a person representing deceased person Mr Elias Fildissis, the second respondent.' 'Costs reserved.']
Full Case Text
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